he is convicted of an offence (or any of the offences) mentioned in section 185(2)(a),'.

Mr Secretary Blunkett

181

Page 113, line 42 [Clause 186], leave out from second 'the' to 'he' in line 43 and insert 'relevant period'.

Mr Secretary Blunkett

182

Page 114, line 5 [Clause 186], at end insert

'(3) The relevant period is the period of 28 days starting with

(a)

the date on which the defendant was convicted of the offence mentioned in section 185(2)(a), or

(b)

if there are two or more offences and the the convictions were on different dates, the date of the latest.

(4) But in a case where section 185(2)(a) applies to more than one offence the court must not make an order under this section unless it is satisfied that there is no possibility of any further proceedings being taken or continued in relation to any such offence in respect of which the defendant has not been convicted.'.

Mr Secretary Blunkett

195

Page 121, line 25 [Clause 197], leave out from 'by' to 'or' in line 26 and insert 'the defendant'.

'(4) It shall be open to any defendant to adduce evidence in rebuttal that the condition is satisfied and if such evidence is adduced the court may hold that he is not a dishonest offender of gain, notwithstanding the conditions being satisfied, if it considers that there would be a real risk of injustice so to do.'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

36

Page 141, line 40 [Clause 232], leave out 'has a criminal lifestyle' and insert 'is a dishonest offender for gain'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

37

Page 141, line 42 [Clause 232], leave out 'has a criminal lifestyle' and insert 'is a dishonest offender for gain'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

38

Page 142, line 8 [Clause 232], leave out 'does not have a criminal lifestyle' and insert 'is not a dishonest offender for gain'.

'(4) If the recipient of a tainted gift obtained the property in good faith, without knowledge of it being a defendant's benefit from criminal conduct, then, if the value of such tainted gift is found to be greater at the date the property was given than at the date the property is confiscated, the difference in such value shall be recoverable from the defendant but not from the recipient of the gift.'.

NEW CLAUSE RELATING TO PART 5

Performance of functions of Scottish Ministers by constables in Scotland

Mrs Secretary Liddell

NC13

To move the following Clause:

'(1) In Scotland, a constable engaged in temporary service with the Scottish Ministers in connection with their functions under this Part may perform functions, other than those specified in subsection (2), on behalf of the Scottish Ministers.

(2) The specified functions are the functions conferred on the Scottish Ministers by

(a)

sections 253(1) and (2) and 263(1) and (7) (proceedings in the Court of Session),

(b)

section 272(2) (trustee for civil recovery),

(c)

sections 275(3) and (4) and 276(5) (agreements about associated and joint property),

(d)

section 279(2) (pension schemes),

(e)

section 286(1) and (2) (exemptions)

(f)

section 287(5) and (7) (compensation),

(g)

section 290(2) (financial threshold),

(h)

section 296(1) (code of practice),

(i)

section 301(1) (forfeiture),

(j)

section 306(1) (minimum amount).'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

57

Page 148, line 36 [Clause 249], at end insert

'(3) No powers conferred by this Part are exercisable in relation to any property which is, or represents, property obtained through unlawful conduct prior to the coming into force of this Part.'.

Norman Baker
Mr Alistair Carmichael
Annette Brooke

201

Page 149, line 10 [Clause 250], leave out 'decide on a balance of probabilities' and insert 'give the benefit of the doubt to the person whose property is the subject of these proceedings in deciding'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr David Wilshire

60

Page 149, line 10 [Clause 250], leave out 'on a balance of probabilities' and insert 'to the standard of proof applicable in civil proceedings'.

'(1A) No proceedings may be taken by the enforcement authority in relation to property where there has been a previous positive finding in relation to a defendant in confiscation proceedings pursuant to section 6 or 162 and the property that was the subject matter of the proceedings under section 6 or 162 includes the property sought to be recovered under this Part.'.